The Clifton clarion., 1887-10-12

In commenting upon the cores
 pondence which passed between
 General Howard and Governor
 Zulick in regard to the arrest of
 certain Indians belonging to Es-
 kiminzin's band, the San Fran
 cisco Chronicle supports our Ex-
 ecuiive in well written editorial,
 as follows: "General Howard has
 sent second telegram to Gov
 ernor Zuiick of Arizona. This
 time he informs him that mo
 troops can lawfully be used in
 civil process, so that iniudicious
 action brings war" This telegram
 does not read very smoothly, but
 it may be presumed to mean tbat
 troops cannot aid the authorities,
 as such action on the part of the
 military brings on war. The Gen
 eral, commanding tho division,
 does not seem to understand the
 situation. The facts are, briefly,
 these: Eskiminzin and some of
 his followers, who arc not reserva-
 tion Indians at all, committed dep
 redations in Arizona. The Sheriff
 of Final county, undertook to ar
 rest them, but they resisted, and
 made their way to the San Carlos
 reservation. Thereupon the Sher-
 if notified the authorities at San
 Carlos that he would go with
 posse to arrest the Indians who
 had committed the outrages. and
 asked the aid of the military in
 making the arrest The facts were
 telegraphed to this city, and an officer was sent from San Carlos to Arivaipa, where the arrest was proposed to be made. When the Sheriff got there, he was permitted to arrest six of the Indians, but Chief Eskiminzin. and some of the others, had fled. It is for the cap ture of these that Sheriff Fryer asks the aid of the military. which, General Howard says, the law can not permit him to have. The most l treatise on law would show General Howard that the | were not asked to be used | in civil servIce. The arrest of l these men is lranch of criminal, not civil, procedure, and it is cer tainly within the spirit, if not the | precise letter of the duties of the i troops In Arizona, to cooperate | with the authorities of the Terri tory, in compelling the Indians to obey the laws, or in punishing them if they disobey. Arizona is partly under civil and partly un- der military government, and there l would be just as much reason in the citizensi refusing to aid the | to capture Indians who | had escaped from the reservation, as for the military to refuse to aid | the officers of the law in enforcing | the laws against Indians who are not reservation Indians. Nor is it | entirely clear that General How ards position IS supported by the letter of the law. The Revised | Statutes of the United States pro | vide that superintendents, agents | and sub agents, shall endeavor | to procure the arrest and trial of | all Indians accused of committing any crime, offence, or misde- | meanor, and that the President | may direct the military force | of the United States to be em- ployed in the apprehension of | such Indians. It would certainly | seem as if the law was ample to | cover the request of Sheriff Fryer, and that General Howard laid l down the law unadvisedly to | Governor Zulick. It is true that | it may not be very agreeable to | the military to form part of a . Sherif's posse, but the peace of l ,he Territory, and the enforcement | of the law, is of much greater con thar the proud stomach l of the officers of the regular army. | They are but the servants of the i people, after all, and they shoull . be willing to do whatever is re- 1uired of them, consistent with | honor, and settle questions of . and precedence after the marauding Indians are caught and | lodged in some safe place of con- i